You’re injured in an accident in Nevada. You suffer injuries like a broken arm and muscle strains. There are amounts of medical bills.
What you already know is that your medical bills are only a small part of the damage you suffer from an accident. You are also suffering the mental consequences of having been in a car accident. The physical pain can be excruciating. You might wonder if there is a way to work with your personal injury attorney to recover from the pain and suffering that you are enduring due to the accident.
Pain and Suffering in Nevada Accident Lawsuits
Fortunately, Nevada law recognizes that accident victims suffer both physically and mentally. You can claim your physical and emotional distress as part of your general claim after an accident in Nevada. Your non-financial losses have a name: pain and suffering.
What is pain and suffering in a Nevada accident case?
Pain and suffering in a Nevada accident case is a category of monetary damages that compensates you for the physical and emotional suffering that comes with being the victim of an accident. Pain and suffering is the name of damages that encompass the physical and emotional stress that accompanies injuries. The purpose of pain and suffering is to compensate you for all the various ways you suffer due to an accident.
Pain and injury often accompany a physical injury
Pain and injury usually accompany a physical injury. For example, if you slip and suffer a concussion, you could have headaches that interfere with your life. Concussion may affect your life activities for a period of time in a way that causes you emotional distress. His pain and suffering are these unquantifiable losses. There are some types of liability claims that may not require physical injury for pain and compensation for suffering such as the intentional infliction of emotional distress. But in accident cases, pain and damage usually accompany a personal injury accident.
Pain and damage suffered are subjective
Non-economic damages such as pain and suffering are damages that cannot be immediately quantified with a dollar value. You cannot total your pain and suffering like you can total your medical bills or get an estimate of the amount of damage to your property. Instead, the pain and damage suffered are subjective. You should work to provide evidence of the value of your pain and suffering, but it is not always immediately clear what the dollar value is for the pain and suffering you suffer as a result of your accident.
How do I prove pain and damage suffered?
Because pain and damages suffered are subjective, you may be wondering how you are going to prove yourself worthy for pain and compensation for suffering. There are several ways you can test pain and suffering, including:
- Medical records – If your medical records show serious injuries, it makes sense that there is pain and suffering associated with your injuries
- Medical Experts – A medical expert can provide the jury with useful information on what type of physical pain is due to the injuries you sustain during the accident.
- Photos and Videos – Your personal photos and videos, including your social media accounts, can demonstrate what activities you used to enjoy before the accident
- Testimony from a counselor or psychologist: If you work with a counselor or psychologist after the accident, they can tell the court how you suffered from anxiety, depression, or post-traumatic stress disorder.
- Friends and Family : Your friends and family can provide testimonials about your lifestyle and mental state. They can talk about how you have changed physically and emotionally because of what happened to you.
Proving your pain and suffering is a specific investigation of the facts. How you show the value of your pain and suffering depends on what pain and suffering you have. Your accident attorney can help you determine what to do to prove your pain and losses to the jury.
Showing pain in the future and taking damage
One place to pay special attention when it comes to pain and suffering is when you have pain and suffering in the future. You may have pain and suffering that continues long after your case is over in court. You can assess your future pain and suffering and include it in your claim.
But be careful! The Nevada Supreme Court has ruled that, in some circumstances, you must have an expert witness to testify of your future pain and suffering. If your injuries are not physically visible, such as headaches, you need to have an expert testify that your pain and suffering are likely to continue. If your injuries are physically observable to the jury, this expert is not required. In all other cases, you must ensure that you have the right medical expert to speak on your behalf.
The Nevada Supreme Court created this rule in the case of Paul v. Imperial Palace . In Paul’s case, the victim slipped in an oil spill on the floor. The victim suffered a rotator cuff tear and a permanent disability that disrupted her sleep and prevented her from taking care of her home. The court ruled in favor of the victim who presented sufficient evidence of her future pain and suffering.
Win your case for pain and suffering
Nevada law recognizes pain and suffering as a component of an accident claim in Nevada. You can include pain and suffering in your claim, but it is important to work carefully to assess your claim. You may have to bring experts, personal witnesses, and even documentary evidence, such as photographs or medical records, to show what kind of pain and suffering compensation you deserve.
Work with our injury attorneys
Our Nevada attorneys know that pain and suffering are a critical part of your accident claim. We can work to diligently demonstrate your pain and suffering and help you receive the compensation you deserve. Call us today to get started on your claim.
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